ARCHIVED - Letter
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Ottawa, 30 July 2010
Our References: 8661-T66-201010214,
8661-M59-201011452,
8661-T8-201011692
BY E-MAIL
Ms. Teresa Griffin-Muir
Vice-President, Regulatory Affairs
MTS Allstream Inc.
45 O’Connor Street, Suite 1400
Ottawa, ON K1P 1A4
iworkstation@mtsallstream.com
Mr. Ted Woodhead
Vice-President, Telecom Policy and Regulatory Affairs
TELUS Communications Company
215 Slater Street, Suite 800
Ottawa, ON K1P 0A6
regulatory.affairs@telus.com
Mr. Rob Olenick
Regulatory Analyst
TBayTel
1046 Lithium Drive
Thunder Bay, ON P7B 6G3
rob.olenick@tbaytel.com
Dear Ms. Griffin-Muir, Mr. Woodhead, and Mr. Olenick:
Re: Various applications relating to TBayTel’s Competitor Digital Network access services
On 22 June 2010 TELUS Communication Company (TCC) filed a Part VII application (TCC’s application) requesting that the Commission direct TBayTel to refund to TCC previously overbilled charges for its Competitor Digital Network (CDN) access services.
On 16 July 2010, MTS Allstream Inc. (MTS Allstream) filed a Part VII application (MTS Allstream’s application) requesting that the Commission direct TBayTel to refund to MTS Allstream previously overbilled charges for its CDN access services, and direct TBayTel to identify its CDN serving wire centres so that any overbilling resulting from inter-office channels can also be refunded.
On 22 July 2010, TBayTel filed a Part VII application (TBayTel’s application) requesting the following relief:
- on an immediate and interim basis, pending the Commission’s decision on TBayTel’s application, an adjournment of TCC’s application and MTS Allstream’s application;
- removal of TBayTel’s tariff or, in the alternative, an amendment to specify that an incumbent local exchange carrier (ILEC) providing services to national and provincial clients in a smaller ILEC’s territory is not a ‘Competitor’ for the purposes of the Carrier Access Tariff and not entitled to CDN access service rates for dedicated services;
- re-rating of current dedicated services charged using the CDN access services tariff to retail Digital Network Access service rates for all current and future dedicated services provided to all ILECs until the Commission establishes appropriate rates; and
- compensation for the above noted re-rating of dedicated services provided to MTS Allstream and TCC retroactive to 23 October 2009 and 1 December 2009, respectively.
On 26 July 2010, TCC filed a letter requesting that the Commission return TBayTel’s application. TCC was of the view that TBayTel’s application constituted a service withdrawal application and, as such, should be filed in compliance with the requirements of Mandatory customer contract renewal notification and requirements for service destandardization/withdrawal, Telecom Decision CRTC 2008-22, 6 March 2008.
On 29 July 2010, TBayTel filed a letter requesting that the Commission deny TCC’s request. TBayTel argued that TBayTel was not requesting a withdrawal of CDN service, but rather to remove the tariff for CDN rates. TBayTel further argued that there are multiple issues surrounding TBayTel’s CDN services that merited consideration under a Part VII application.
TBayTel’s application
Commission staff considers that TBayTel’s application does not solely constitute a request for CDN access services withdrawal, as it considers, in part, the possibility of amendment of those tariffed services. Accordingly, Commission staff does not consider it appropriate to return TBayTel’s application.
Commission staff considers, however, that TBayTel’s application may affect carriers that were not provided with a copy of TBayTel’s application. Accordingly, TBayTel is to
serve its application on all carriers that receive CDN access services from TBayTel by
9 August 2010.
Comments on TBayTel’s application will be due 8 September 2010 and TBayTel’s reply comments will be due 20 September 2010. When TBayTel serves its application on all carriers that receive CDN services from TBayTel, it is also to advise such carriers of the due dates for comments.
TCC’s application and MTS Allstream’s application
Commission staff notes that a Commission decision with regard to TBayTel’s application could affect the disposition of TCC’s application and MTS Allstream’s application. Commission staff considers, however, that that consideration alone does not merit the adjournment of those applications.
Accordingly, the files associated with TCC’s application and MTS Allstream’s application will remain open and the deadlines for filing documents associated with those applications remain unchanged.
Documents to be filed and served in accordance with the above process are to be received, not merely sent, by the date indicated. Copies of the documents should also be sent to the following e-mail address: kevin.pickell@crtc.gc.ca.
Yours sincerely,
Original signed by
Lynne Fancy
Director General
Competition, Costing & Tariffs
Telecommunications
c.c: Kevin Pickell, CRTC, (819) 997-4580, kevin.pickell@crtc.gc.ca
- Date modified: